Eviction Right to Counsel Act of 2025
The Eviction Right to Counsel Act of 2025 would create a new federal grant program to help states, local governments, and certain tribal governments provide free legal representation to low-income tenants in eviction cases. The program would fund jurisdictions that enact or are responsible for implementing “right to counsel” laws, defined as providing full legal representation at no cost to tenants with incomes at or below 200% of the federal poverty line in eviction cases or in actions terminating a housing subsidy. The Treasury-based fund would receive $100 million annually from 2026 through 2030, and HUD’s Secretary would administer the grants, prioritizing jurisdictions that have or will implement protections such as limited eviction grounds, longer notice periods, eviction diversion programs, or emergency rental assistance, and that focus on training and recruiting attorneys to represent tenants.
Key Points
- 1Establishes the Eviction Right to Counsel Fund in the Treasury and authorizes $100 million annually for fiscal years 2026–2030 to finance grants for right-to-counsel programs.
- 2Grants go to eligible entities (State governments, local governments, or Indian Tribal governments) that enact right-to-counsel legislation or are fiscally responsible for implementing such legislation.
- 3A “covered individual” is a tenant with income at or below 200% of the federal poverty line; a “covered proceeding” is an eviction action (or ejectment) or the termination of a housing subsidy, brought in a court or administrative forum.
- 4“Right to counsel legislation” means laws that guarantee full legal representation at no cost to all covered individuals in a covered proceeding.
- 5Priority for grant funding is given to applicants that have or pursue protections such as limiting eviction grounds, ensuring at least 30 days’ written notice, establishing eviction diversion programs, providing emergency rental assistance, or prioritizing attorney training/recruitment to represent covered individuals.